• Registered: 15 July 2010
  • Posts: 1

Topic: Neighbours have been taken to court 3 times but still here.

I have just moved into a ground floor flat, which is lovely but i have the neighbours from hell, the loud music & banging started as soon as i moved in, so i went up there 1 night & asked him to turn it down as my 4 yr old daughter was trying to sleep, he said that i had it in for him like the old neighbours, i found out that he has been to court for noise 3 times but has just been fined, he has 2 kids who are up banging all hours of the night, if i pursue mu complaint with this does anyone know if he could get evicted. im am slowly losing my temper, his oldest boy is ment to be in school but doesnt go coz he cant get up in the morning.
please help x

Quote Post 1

  • Registered: 1 April 2010
  • Posts: 194

Re: Neighbours have been taken to court 3 times but still here.

If the neighbour owns the house, then he can't be evicted. The only alternative would be increasingly large fines, I guess. If the neighbour is living in a local authority or housing association property, then the council is likely to evict him, as constantly taking him to court is costing the tax-payer money! If he rents the house privately, then his landlord is equally responsible for the noise, and the council could remove their permission for the house to be let. In that case, the tenant would have to leave, but the landlord could still, in theory, live in the property himself.

Quote Post 2

  • Mac99
  • Noisy neighbour!
  • Offline
  • Registered: 16 April 2010
  • Posts: 113

Re: Neighbours have been taken to court 3 times but still here.

Hi Fedupf,

If he has been fined 3 times before then it highly likely that this was due to breach of noise abatement notice. It could also be that he has had the music equipment confisicated previously and just had it replaced.

Your first point of contact should be the council Environmental Health department. They will ask you to keep logs and you will need to use your night time noise service if you have one for witness purposes.

I should caution you that this is a slow process normally.

Some things for you to consider, are you in rented accomodation or bought. Is it better if you move?

Is he in rented accomodation if so get the council to follow through with landlord.

The fact that kids are involved wont help.

One person in a property can have an exclusion order made against them (effectively barring them from their own property). This would be extreme where kids are involved. This is true for England dont know about Scotland.

Hope that helps. Come back often for advice.

Regards
Mac

Quote Post 3

  • Registered: 1 April 2010
  • Posts: 194

Re: Neighbours have been taken to court 3 times but still here.

Exclusion would only apply to rented accommodation, though, surely, Mac? No one could be thrown out of their own home, unless it was into prison.

Quote Post 4

  • Mac99
  • Noisy neighbour!
  • Offline
  • Registered: 16 April 2010
  • Posts: 113

Re: Neighbours have been taken to court 3 times but still here.

Hi Mrs Bearness,

How are you?

In terms of the the exclusion I do not believe so. I came across this information some time ago and I have to confess that I didnt do any legwork on it. My understanding is that it does not have to be rented. I also understand that it is normally the Police that apply for it to a magistrates court.

Having said that I can imagine a court being reluctant to issue such an order if children were involved.

Mrs B, I thank you for organising my next research. I will have a quick look into this and maybe speak with a PCSO who has actually been involved in the issuing of one in my town.

Regards
Mac

Quote Post 5

  • Mac99
  • Noisy neighbour!
  • Offline
  • Registered: 16 April 2010
  • Posts: 113

Re: Neighbours have been taken to court 3 times but still here.

Maybe Fedupf should tell us if the properties are rented because if so, I would be pursuing this avenue because nothing has worked so far. Sometimes people are sent to prison but again would be last resort if kids are involved.

On the bit about exclusion orders, these are just that and my understanding is that they can be applied to most things so for example there are cases for divorces, cases for anti social behaviour, shop lifting, etc so I would imagine this could be one.

Regards
Mac

Quote Post 6

  • Registered: 1 April 2010
  • Posts: 194

Re: Neighbours have been taken to court 3 times but still here.

Hiya Mac. I'm fine, thanks, although busy.  How I ever found time to work, I don't know!  And you?

As you say, if children are involved, it could be difficult, couldn't it?  Hmm, interesting. As far as my mum's neighbours are concerned, I suppose the tenants could be evicted (if it got to that stage), and the landlord refused permission to re-let it. And, since he obviously has a home elsewhere, then, in theory, he could be banned from living there himself.

Quote Post 7